Legal Opinion
State v. Foster
New Mexico Court of Appeals
Decided September 22, 1998No. 18,450PublishedCited by 28 opinions
1Opinion of the Court
OPINION
HARTZ, Chief Judge.
{1} Defendant appeals his convictions on one count of second degree murder, four counts of child abuse, and one count of carrying a concealed weapon. He claims that (1) the prosecutor committed reversible error by commenting on his silence after being arrested and given Miranda warnings; (2) re-prosecution of Defendant was barred on double-jeopardy grounds because prosecutorial misconduct caused his first trial to end in a mistrial; (3) the district court erroneously denied his motions for a mistrial after a prosecution witness implied that Defendant and his brother…
2Cases cited30 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Jenkins v. AndersonSupreme Court of the United States · 1980
25 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. DeGraffNew Mexico Supreme Court · 2006
- State v. GutierrezNew Mexico Supreme Court · 2007
- State v. SmithNew Mexico Supreme Court · 2001
- State v. GonzalesNew Mexico Supreme Court · 2000
- State v. WildgrubeNew Mexico Court of Appeals · 2003
23 more not listed; retrieve them via the Exa API.